CPL 215 & 216

Question 1

215.10 Referral of selected felonies to dispute resolution

An adjournment in contemplation of dismissal for purposes of referring selected felonies to dispute resolution shall NOT be ordered where the defendant is charged with any of the following felonies:

1. Class ____felony
2. ___________ felony (PL 70.02)
3. ___________ offense (Pl 220)
4. felony upon which defendant must be sentenced as:

• 1. second ____________ offender (PL 70.06)
• 2. second ___________ offender (PL 70.04)
• 3. ______________ violent felony offender (PL 70.08)
• 5. ______________ felony offender (PL 70.10)

Answer 1

A ……. violent …….. drug ……… felony ……….. persistent ……….. persistent

Question 2

215.10 Referral of selected felonies to dispute resolution

The. ACOD (Adjournment in contemplation of dismissal) may be ordered:

• 1. upon or after ____________ and before final disposition in local criminal court upon a _________________
• 2. upon or after _____________ and before final disposition in superior court upon an ________________________

Answer 2

Arraignment ……. felony complaint……arraignment ………. indictment or superior court information

Question 3

215.10 Referral of selected felonies to dispute resolution

For Judge to order an ACD, there must be:

• 1. consent of the ___________
• 2. consent of the _____________
• 3. reasonable notice to ___________ and an opportunity to be heard

Answer 3

People………. defendant……. victim

Question 4

215.20 - Victim; definition

Victim means any person alleged to have sustained physical or financial __________ to person or property as a direct result of the crime or crimes charged in a felony complaint, superior court information, or indictment.

Answer 4

injury

Question 5

215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action

Upon issuing ACD, court must:

• 1. _________ defendant on his own recognizance
• 2. refer action to __________

Answer 5

Release……… dispute resolution

Question 6

215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action

Dispute resolution center must advise the DA whether the charges against the defendant have been resolved no later than __________ after referral by the judge.

Thereafter, if the defendant has agreed to pay a fine, restitution or reparation, the dispute resolution center must advise the DA every _____________ of the status of such fine, restitution or reparation.

Answer 6

45 days ……… 30 days

Question 7

215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action

Upon application of the people made not later than __________ after the issuance of the ACD, the court may restore the case to the calendar in the furtherance of justice.

Notwithstanding the foregoing, IF defendant does not pay fine, restitution or reparation, the court, upon application of the people made not later than _____________ after issuance of ACD, may restore the case to the calendar.

Answer 7

6 months……… one year

Question 8

215.40 - Dismissal of action; effect thereof; records

The accusatory instrument shall be deemed to have been dismissed if the action is not restored to the calendar, and:

• 1. __________ have elapsed, or
• 2. _____________ has elapsed (where a fine, restitution, or reparation was ordered and not paid).

Answer 8

six months ……….. one year

Question 9

215.40 - Dismissal of action; effect thereof; records

Upon dismissal of action:

• 1. the arrest and prosecution shall be deemed __________ , and
• 2. defendant shall be restored to ______________ and prosecution status.

Answer 9

a nullity…….. pre-arrest

Question 10

215.40 - Dismissal of action; effect thereof; records

Upon dismissal of action, all records relating to the action shall be ___________ pursuant to CPL 160.50.

Answer 10

sealed

Question 11

216.00 Definitions.

(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:

a Class B, C, D, or E felony for ________ offenses, including criminal diversion of marihuana (PL 179), Controlled Substances Offenses (PL 220), and Cannabis offenses (PL 222)

Answer 11

drug

Question 12

216.00 Definitions.

(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:

an offense of __________ in the fourth or fifth degrees provided that the underlying crime for the conspiracy charge is a class B, C, D or E felony offense defined in Penal law: Criminal diversion of marihuana (PL 179), Controlled Substances Offenses (PL 220), and Cannabis offenses (PL 222)

Answer 12

Conspiracy

Question 13

216.00 Definitions.

(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:

• ________________ or___________ in the second or first degree, or

Answer 13

auto stripping……… identity theft

Question 14

216.00 Definitions.

(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:

any other specified offense as defined in subdivision five of section 410.91 of this chapter:

• Burglary in the third degree (Penal Law § 140.20)
• Criminal mischief in the third degree (Penal Law § 145.05)
• Criminal mischief in the second degree (Penal Law § 145.10)
• Grand larceny in the fourth degree (Penal Law § 155.30)
• Grand larceny in the third degree (Penal Law § 155.35, except where the property consists of one or more firearms, rifles, or shotguns)
• Unauthorized use of a vehicle in the second degree (Penal Law § 165.06)
• Criminal possession of stolen property in the fourth degree (Penal Law § 165.45)
• Criminal possession of stolen property in the third degree (Penal Law § 165.50, except where the property consists of one or more firearms, rifles, or shotguns)
• Forgery in the second degree (Penal Law § 170.10)
• Criminal possession of a forged instrument in the second degree (Penal Law § 170.25)
• Unlawfully using slugs in the first degree (Penal Law § 170.60)
• Criminal diversion of medical marihuana in the first degree (Penal Law § 179.10)
• An attempt to commit any of the aforementioned offenses, if such attempt constitutes a felony offense or
• A class B felony offense defined in Article 220 (Controlled Substances Offenses) of the Penal Law, where a sentence is imposed pursuant to paragraph (a) of subdivision two of Section 70.70 (Sentence of imprisonment for felony drug offender other than a class A felony)of the Penal Law
• Any class C, class D, or class E controlled substance or marihuana felony offense as defined in Article 220 (Controlled Substances Offenses) or 221 (Repealed marihuana offenses) of the Penal Law

Answer 14

xx

Question 15

216.00 Definitions.

A defendant is not eligible however, if within the preceding _________ they were previously convicted of violent felony offense or a Class A Drug felony or previously adjudicated a second or persistent violent felony offender

Answer 15

TEN(10)YEARS

Question 16

216.00 Definitions.

Now get this part… A defendant who is not eligible for the judicial diversion program based on the above reading, may become eligible upon the _________ consent

Answer 16

Prosecutor’s

Question 17

216.00 Definitions.

(New terms) “Alcohol and substance USE evaluation” means a written assessment and report by a court approved entity, licensed healthcare professional or an addiction and substance abuse counselor

The report shall include the defendant’s history, a history of alcohol or substance USE disorder, a recommendation whether the judicial diversion program could effectively address these issues, a recommendation of the treatment modality and level of care as well as any other relevant factors

Answer 17

xx

Question 18

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

At any time after arraignment, but prior to the ________________ or the commencement of trial, the court at the request of the eligible defendant, may order an alcohol and substance USE evaluation. The defendant can decline to participate at any time and must provide written authorization to release the results.

Upon receipt of the report the court will provide a copy to the _________ and the _________ both, either of which may request a hearing as to whether or not the eligible defendant should be offered judicial diversion for treatment for substance use, alcohol use

Answer 18

entry of a plea of guilty……. defendant…. prosecutor

Question 19

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

At such a hearing for judicial diversion for treatment for substance use, alcohol use the court will take testimony, consider arguments and evidence and ultimately make a finding of fact with respect to whether:

1. The defendant is an eligible defendant
2. The defendant has a history of alcohol or substance USE
3. Such alcohol or substance abuse is a contributing factor to the criminal behavior
4. Participation in judicial diversion could address the substance use, alcohol use
5. __________________ is or may not be necessary for the protection of the public

Answer 19

Institutional confinement

Question 20

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

Prior to the court issuing an order granting judicial diversion, the eligible defendant SHALL be required to enter a_______________ to the charge or charges

There is of course an exception to this rule, that is, when the people and the court consent to the entry of the order without a guilty plea; or based on a finding of exceptional circumstances that the entry of a guilty plea will likely result in severe collateral consequences… sounds scary!

Answer 20

plea of guilty

Question 21

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

Prior to the court issuing an order granting judicial diversion, The defendant shall then agree on the record or in writing to the release conditions, including:

1. Participation in a specified period of ________ treatment, and may include:
2. Periodic ______________ which can include peeing in a cup (my words of course)
3. A requirement that the defendant refrain from ________________ , that’s an idea!
4. NEW: Eff. 6/22/16 — If the defendant suffers from ______ USE, participate in and receive medically prescribed drug treatments by a healthcare professional

Answer 21

alcohol and substance use…… court appearances ……. criminal behaviors………… opioid

Question 22

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

Upon the defendant’s agreement to abide by the conditions of a specified period of alcohol and substance use treatment, the court SHALL issue a __________ providing for bail or ROR

Answer 22

securing order

Question 23

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

This is interesting, if the defendant has his or her own ____________ , they must first use their own coverage to pay for the program

Answer 23

health care insurance

Question 24

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

• While the defendant is in this program the court maintains jurisdiction over the person and can require his appearance in court at any time with reasonable notice.
• Failure to appear when directed to do so shall constitute a ________ of the conditions.
• The court may allow the defendant to __________ in another jurisdiction under conditions set by the court.

Answer 24

Violation….. reside

Question 25

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

When the court is of the belief that the defendant has violated any conditions of his release while in this program, they will be directed to appear in court or a bench warrant may be issued to bring the defendant before the court without unnecessary delay

To satisfy the court that the defendant has in fact violated a condition, a summary hearing may be held. If the court determines that in fact the defendant has violated, the court may:

• 1. ________________ the order of recognizance or bail
• 2. _________ the conditions
• 3. _____________ the defendant’s participation in the program and proceed with the defendant’s sentencing in accordance with the agreement

Answer 25

RMT

Reconsider……….Modify………… Terminate

Question 26

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

The court will take into consideration the __________ of the prosecutor, the defense and the alcohol and substance use provider in determining how to proceed

Answer 26

views

Question 27

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

A defendant at any time can ____________ participation in the judicial diversion program, at which time the court will impose sentence in agreement with the plea agreement

Answer 27

voluntarily terminate

Question 28

216.05 — Judicial Diversion Program; Court Procedures (Updated with new terms)

Looking at the bright side, upon the court’s determination that the defendant was a good lad and successfully completed the treatment and met all of its conditions, the court shall comply with the terms of the final disposition as previously agreed upon. This may include:

• 1. Requiring the defendant to undergo interim __________ , and upon successful completion, allowing the defendant to withdraw his guilty plea and dismiss the indictment
• 2. Requiring the defendant to undergo interim probation supervision, and upon successful completion, allowing the defendant to withdraw his guilty plea and enter a sentence which may include probation supervision
• 3. Allow the defendant to withdraw his guilty plea and ____________ the indictment

Answer 28

probation supervision……. dismiss